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Thursday, September 3, 2020
My Life Journey Sandra Reynaga free essay sample
My name is Sandra Reengage Im twenty seven years of age, Im a mother of two incredible young men that I thoroughly love with all me heart. Im additionally connect with to an awesome individual that means everything to me. Im initially from Los Angels California; my folks are Mexican with the goal that makes me Mexican American. I originate from a major group of nine kin; Im the second individual in my family to head off to college. I will likely turn into a social laborer and accommodate my family, I need my youngsters to be glad for me and follow my means that would be my fantasy to see my children attend a university and accomplish their goals.I have a superb family that bolsters me on all that I do; I was raise on a helpless side of Los Angels California my folks consistently showed us how to be autonomous and buckle down for our objectives throughout everyday life and never surrender. We will compose a custom exposition test on My Life Journey: Sandra Reynaga or then again any comparable point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page At the point when I was youthful my folks gave my kin and I visit addresses about the significance of steadiness. What astounded me as a grown-up was the amount they experienced their never surrender message toward us, when we required them the most. Furthermore, that is a similar genuine model I need for my children to follow.I will currently proceed onward and proceed with an incredible excursion. Im an exceptionally basic lady I state basic since I dont request a lot of just for what I buckle down for and accomplish with my difficult work and exertion. Im at present an understudy at Fresno City College Im concentrating to turn into a social laborer. During my time without school, I had made It my objective to return to class and increase as much information on my companions and follow my objective. The beginning of school came; I was apprehensive however with this anxiety came a staggering feeling of fervor and interest that was longing to be explored.College Is tied in with learning in the study hall, yet in addition learning outside the homeroom. The motivation behind why I chose to go to school Is a direct result of such a significant number of reasons one of them Is for my family I need to have the option to accommodate them. I need a superior future and attending a university Is a great approach, Its really important. Likewise my beau aides and supports me with all that he generally gives me marvelous help Im so lucky to have him In my life. Since I have Introduced myself and said some portion of my life Journey.I will center and gain from your insight that you will present to us In class. I will likewise try to finish this errand by cutoff time and gain passing marks. I realize It wont be a simple fight, however I sure realize that each and every second of me reading for another vocation In my fife would be completely justified, despite all the trouble. With the help, and love that my family gives me and confidence the sky is the limit I see myself as a warrior and a survivor, I realize Ill be alright and triumph through this Journey has Just began.My Life Journey: Sandra Reengage By applicant specialist. During my time without school, I had made it my objective to return to of fervor and interest that was longing to be investigated. School isn't just about chosen to go to school is a result of such huge numbers of reasons one of them is for my family I need to have the option to accommodate them. I need a superior future and setting off for college is a partner decent approach, its entirely applicable. Likewise my beau aides and supports me in my life.Now that I have presented myself and said some portion of my life Journey. I will center and gain from your insight that you will present to us in class. I will likewise attempt to finish this errand by cutoff time and win passing marks. I realize it wont be a simple fight, yet I sure realize that each and every second of me reading for another profession in my life would be totally justified, despite all the trouble. With the help, and love that my family gives me and confidence the sky is the limit I see myself as a warrior and a survivor.
Saturday, August 22, 2020
Ethical Perspective on Accounting Standard
Question: Talk about the Ethical Perspective on Accounting Standard. Answer: Presentation Having a similar essential and optional schools, Matt and Stephanie needed to help each other during their period of scarcity. Matt had been experiencing a budgetary emergency while Stephanie was attempting to set up her business in promoting (Needles et al. 2013). Stephanie had requested that Matt assistance in her offer and break down her offer. This task would give a thought whether Matt ought to break down the offer of Stephanie or not. Matt and Stephanie are supposed to be cherished companions who had shared their essential and auxiliary schools and college. Both Matt and Stephanie are settled in their vocation. Be that as it may, as of late Matt had been experiencing monetary emergency and Stephanie needs to set up her effective publicizing firm with the assistance of Matt. Consequently, Stephanie would assist Matt with solving his budgetary emergency. Matt ought not stop for a second to help Stephanie for this situation as they are cherished companions and it is normal that Stephanie would not swindle Matt at any specific situation (Himick et al. 2016). Truth be told, the solid foundation of Stephanie would assist her with establishing her business and it would assist Matt with solving his money related emergency. In this way, Matt ought not feel any booking to help Stephanie and the senses of Matt are inaccurate. It would not be moral to investigate Stephanies offer. This is on the grounds that Matt works in an organization where he had been named as a bookkeeper and the firm trusts him. In any case, Matts obligation is to remain steadfast towards the organization without exploiting his position (Henderson et al. 2015). Be that as it may, as a companion Matt can give a few plans to Stephanie, as a companion, so she can break down the offer herself. As indicated by APES 110 Revised Code of Ethics for Professional Accountants (viable 1 July 2011 with early reception allowed) gave by the Accounting Professional and Ethical Standards Board, there lies a basic chief in APES 110 Code of Ethics for Professional Accountants (George et al. 2014) . This key rule expresses that a representative must be clear and genuine in all expert and business connections. Hence, on examining Stephanies offer, Matt would damage the essential rule of not being straightforward in his calling. End Matt would be educated not to examinations the offer with respect to Stephanie, which would assist her with establishing her fruitful publicizing business. This is on the grounds that Matt works in FCPA assignment as a bookkeeper and he has some duty towards his organization. In spite of the fact that Matt is experiencing money related emergency, yet dissecting the offer of Stephainie would constrain him to abuse APES 110 Revised Code of Ethics for Professional Accountants. This can land him into inconvenience if his organization comes to think about his selling out. It could hamper his profession for all time. Accordingly, it is fitting that Matt can propose some investigation methods of offer to Stephainie and inform her to utilize them with respect to her own to examine her offer. It would assist Matt with remaining faithful towards his organization just as assume the job of an accommodating companion. References George, G., Jones, A. also, Harvey, J., 2014. Investigation of the language utilized inside codes of moral lead. Diary of Academic and Business Ethics, 8, p.1. Henderson, S., Peirson, G., Herbohn, K. furthermore, Howieson, B., 2015. Issues in monetary bookkeeping. Pearson Higher Education AU. Himick, D., Brivot, M. furthermore, Henri, J.F., 2016. A moral point of view on bookkeeping standard setting: Professional and lay-specialists commitment to GASBs Pension Project. Basic Perspectives on Accounting, 36, pp.22-38. Needles, B.E., Powers, M. furthermore, Crosson, S.V., 2013. Standards of bookkeeping. Cengage Learning.
Friday, August 21, 2020
Chaucers Prologue To The Canterbury Tales Essay Example for Free
Chaucers Prologue To The Canterbury Tales Essay Dave Tagatac English III Dec. 1, 2000 Canterbury Tales Essay #1 In Geoffrey Chaucers Prologue to The Canterbury Tales, there was a Friar to go with the gathering making a trip to Canterbury. Hubert, as he was called, exemplified the qualities from which ministers were relied upon to stay away. Chaucer is fruitful in utilizing this white-necked hobo to bring to the perusers mind defilement, riches, avarice, and obscenity, all deceptive and improper attributes for a man of the congregation to have. Despite the fact that he is a cheerful man, loaded with euphoria and wantonness, these are negligible immaterialities while surveying Huberts estimation of character as a monk. All through Chaucers portrayal of the Friar in the Prologue, Huberts defilement is clear. Most likely the Friars most prominent malice is recommended from the get-go in his depiction and referenced a few times more. When Hubert would wed a couple, he would give every one Of his young ladies what he could bear the cost of her. The sexual implication of this announcement is upheld by the way that He kept his tippet loaded down with pins for twists,/And folding knives, to provide for pretty young ladies. Other proof of debasement, in spite of the fact that not as indefensible as the disobedience of chastity, incorporates Huberts inability to become friends with the outcasts, poor people, and that team, to whom monks were planned to be closest. The storyteller clarifies that their absence of cash makes their fellowship basically a misuse of the Friars time. A monk should be poor, just taking what they have to endure, and giving the rest to those ruined spirits who need it. Hubert, then again, was very rich. I have never known the assimilating of liquor to be a need of life, but then this minister knew the bars very well in each town/And each owner and barmaid as well. The storyteller even states altogether that his salary came/To more than he spread out. One more unessential belonging for a monk was the luxurious dress Hubert wore, as stood out from the clothes ministers were required to wear. These things show how the Friar, in any event, while getting more than he anticipated, gave next to no to poor people, and saved much for himself. This inclination is proceeded even endless supply of Huberts covetousness. Profoundly dearest and private was he/With Country society inside his limit. As referenced above, he related not with poor people, But just with the rich and victual-venders. Anybody from whom a benefit was potential was intrinsically the Friars companion. This covetousness is undeniable considering a last bit of proof. That will be that Hubert would really pay different ministers not to ask in his region. Once more, these are activities to be disliked in any man, not to mention a strictly subsidiary one. At long last, Hubert can be demonstrated to be a filter, staying nearby those from whom he can get cash, and relying upon them to help his extravagant way of life. In spite of the fact that he had no consent to hear admission, this was one route for him to bring in cash, and he didn't stop for a second to use it. He even focused on the individuals who werent so affluent in an endless mission for money related addition: however a widow mightnt have a shoe/Ã ¦/He made her farthing from her nevertheless. At the point when individuals of his region had a contest, the lewd Friar was there. Hubert could be discovered making the most of any open door he could discover to bring in cash truly, or untrustworthily. The Friar was popular, and had an awesome performing voice, however his commitments to society finished here. He, through his activities, has demonstrated proof of defilement, unethical richness, covetousness to build this riches, and a horrendous propensity for draining off others. He was viewed as a man of the congregation, however he was a long way from the devotion the title monk passes on.
Friday, June 12, 2020
Cyber Crime - Free Essay Example
Crimes In cyber Age And Its Response By Indian Judiciary Table of abbrevaitions * AIR All India Reporter * AP Andhra Pradesh * Art. Article * Bom. Bombay * ed. Edition * Ltd. Limited. * P. page number * Pat. Patna * SCC Supreme Court Cases * SCR Supreme Court Reporter * Sec. Section Crimes In cyber Age And Its Response By Indian Judiciary Introduction The advent of the third millennium has brought in an era of information society. The new era is the result of rapid changes brought about by the new technology and the cyber world. Obviously the information society offers vast scope and opportunities to human beings to identify information, to evaluate information, and to exchange information for the benefits of the citizens the world over. The in formation technology provides for a new environment, new work culture, new business links and trading networks. It allows information and knowledge based work to be located anywhere. It is virtually transforming and revolutionizing the world. The information technology is a double-edged sword, consistently presenting us with benefits and disadvantages. The increasing opportunities for productivities, efficiency and worldwide communications brought additional users in droves[1]. Today, the internet is a utility, analogous to the electric company and .com has become a household expression. The reliability and availability of the internet are critical operational considerations. Activities that threaten these attributes like spamming, spoofing, etc, have grave impacts on its user community. Any illegal act, for which knowledge of computer technology is essential for its perpetration, investigation, or prosecution, is known as cyber crime. Among the various problems emerging out of the internet are the menace of hackers, cyber terrorism, spamming, Trojan horse attacks, denial of service attacks, pornography, cyber stalking etc. Through this paper the researcher will try to study the problem of cyber stalking, cyber defamation, various types of data theft and the laws relating to it. An effort will also be made to recommend some suggestions to fight these dangerous problems, with the response of Indian judiciary to it. Cyber staking Cyber stalking, has been defined as the use of electronic communication including, pagers, cell phones, emails and the internet, to bully, threaten, harass, and intimidate a victim. Moreover, it can also be defined as nothing less than emotional terrorism.[2] Cyber stalking can take many forms. However, Ellison (1999) suggests, cyber stalking can be classified by the type of electronic communication used to stalk the victim and the extent to which the communication is private or public. Ellison (1999) has classified cyber stalking as either direct or indirect. For example, direct cyber stalking includes the use of pagers, cell phones and the email to send messages of hate, obscenities and threats, to intimidate a victim. Direct cyber stalking has been reported to be the most common form of cyber stalking with a close resemblance to offline stalking (Wallace, 2000). Why people do it? Generally, to be defined as stalking the behaviour must be unwanted and intrusive. Another important point is that the stalker must also have an intense preoccupation with the victim. The range of behaviour involved in stalking can be broadly grouped in three categories. Firstly, there is following, which includes frequenting workplaces and homes, maintaining surveillance, and engineering coincidences. Secondly, there is communicatingby phone, letters, cards, graffiti, gifts, and, Increasingly, electronic mail and the internet (cyber stalking).Often the stalker will order goods and services on the victims behalf. Finally comes aggression or violence, in which stalkers threaten their victims, harass their families, damage their property, make false accusations about them, and cause sexual or physical injury. Sexual attractions and motives are other very important reasons for cyberstalking. In USA, the federal law enforcement agencies have encountered numerous instances in which adult paedophiles have made contact with minors through online chat rooms, established a relationship with the child, and later made contact for the purpose of engaging in criminal sexual activities.[3] Nature of cyber staking The nature of cyber stalking is ascertains by the medium which is used for its execution. According to cyber stalking had been classified into four kinds[4] a) E-mail stalking b) Chat stalking c) Bulletin board systems d) Computer stalking. Email stalking Electronic mail is an electronic postal service that allows individuals to send and receives information in matter of seconds. This sophisticated use of telephone lines allows communication between two people who may or may not know each other but can speak to each other using a computer. In general Email is an insecure method of transmitting information or messages. Everyone who receives an email from a person has access to that persons email id. With some online services as AOL, a persons screen name is also an email address. In addition, when a person posts an item on a newsgroup, that pesons email id may be available to anyone who reads that item. It is unsurprising, then, that email is a favoured medium for cyber stalkers. Technologically sophisticated email harassers send mail bombs, filling a persons inbox with hundreds or even thousands of unwanted mails in the hope of making the account useless. Others send electronic viruses that can infect the victims files.[5] Chat stalking A chat room is a connection provided by online services and available on the internet that allows people to communicate in real time via computer text and modem. Cyber stalkers can use chat rooms to slander and endanger their victims. In such cases the Cyber stalking takes on a public rather than a private dimension. As live chat has become more popular amongst users of the internet with tools such as internet relay chat (IRC), it has also become more popular as a medium through which stalkers can identify and pursue their prey. When a person enters a chat room, his screen name joins the list of names of others in the group. Depending on the nature of the chat software, that person can address others in the room and vise versa as a part of the group discussing from a smaller group in a private chat room or send private, one to one instant messages to others anytime.[6] During chat, participants type instant messages directly to the computer screens of other participants. When a person posts a message to a public news group this is available for anyone to view copy and store. In addition, a persons name, email address and information about the service provider are easily available for inspection as a part of the message itself. Thus, on the internet, public messages can be accessed by anyone anytime- even years after the message were originally written. In IRC, the harasser may chose to interrupt a persons chat electronically or otherwise target a chat system, making it impossible for someone to carry on a conversation with anyone else. The Cyberstalker can engage in live chat harassment or abuse of the victim( otherwise known as flaming) or he/she may leave improper message o the message board or in chat rooms for or about the victim. Bulletin board systems A bulletin board system (BBS) is a local computer that can be called directly with a modem[7]. Usually they are privately operated and offer various services depending on the owner and the users. A bulletin board allows leaving messages in group forums to be read at a later time. Often a BBS is not connected to a network of other computers, but increasingly BBSs are offering internet access and co Cyber stalkers area using bulletin boards to harass their victims.[8] Online have been known to known to post insulting messages on electronic bulletin boards signed with email addresses of the person being harassed. The Cyber stalker can also post statements about the victims or start rumours which spread through the BBS. In addition a Cyber stalker can dupe another internet users into harassing or threatening a victim by posting a controversial or enticing message on the board under the name , phone numbers or email address of the victim, resulting in subsequent responses being sent to the victim.[9] Computer stalking With computer stalking, cyber stalker exploits the internet and the windows operating system in order to assume control over the computer of the targeted victim. An individual windows based computer connected to the internet can be identified, allowing the online stalker to exercise control over the computer of the victim. A cyber stalker can communicate directly with his or her target as soon as the target computer connects to the internet. The stalker can also assume control over the victims computer and the only defensive option for the victim is to disconnect and relinquish his or her current internet address.[10] An example of this kind of cyber stalking was the case of a woman who received a message stating Im going to get you. The cyber stalker then opened the womans CD-ROM drive in order to prove that he had control over her computer. cyberstalking trends and statistics offenders Previous studies that have investigated stalking offenders by and large, have focused on the offline stalking offender Regardless for the offenders group such as simple, love or erotomanic statistics reports, male offenders to account for the majority of offline stalking offenders. Working to Halt Online Abuse (2000) statistics also support the gender ratio of offenders claiming, 68% of online harassers/cyber stalkers are male. Furthermore, common social and psychological factors have been found within offline stalking offender population. For example, social factors such as the diversity in socio-economic backgrounds and either underemployment or unemployment have been found significant factors in offline stalking offenders[11]. In a research done on young stalkers between 9 and 18 years of age little difference was found between young and adult offline stalking offenders. For example, the majority of offenders were male, had some form of previous relationship with the victim and experienced social isolation.[12] Victims Currently, there are limited studies on the victims of cyber stalking. Although, anyone has the potential to become a victim of offline stalking or cyber stalking, several factors can increase the statistical likelihood of becoming a victim. Studies[13] that have investigated offenders of offline stalking, have found some common factors within the selection of victims. For example, contrary to public belief, a large proportion of stalking victims are regular people rather than the rich and famous. Goode claimed[14], up to 80% of offline stalking victims are from average socio-economic backgrounds. In addition, the statistical likelihood of becoming a victim increases with gender. Working to Halt Online Abuse (2000) reports, 87% of online harassment/cyber stalking victims are female. However, victim gender statistics may not represent true victims, as females are more likely to report being a victim of online harassment/cyber stalking than males. Although studies have shown that the majority of victims are female of average socio-economic status, studies have also shown that offline stalking is primarily a crime against young people, with most victims between the age of 18 and 29.[15] Stalking as a crime against young people may account for the high prevalence of cyber stalking victims within universities. For example, the University of Cincinnati study showed, 25% of college women had been cyber stalked.[16]. Nevertheless, previous relationships have been shown to increase the likelihood of being stalked offline. For example, it was reported, 65% offline victims had a previous relationship with the stalker[17]. Although studies of offline stalking claim the majority of victims have had a previous relationship with the stalker Working to Halt Online Abuse Statistics[18] fails to support a previous relationship as a significant risk factor, for online harassment/cyber stalking. For example, 53% of victims had no prior relationship with the offender. Therefore, the risk factor of a prior relationship with the stalker may not be as an important factor in cyber stalking, as it is in offline stalking. Psychological effects of cyberstalking Currently, there are few studies on the psychological impact on victims. However, Westrup[19]studied the psychological effects of 232 female offline stalking victims. He found out that the majority of victims had symptoms of PTSD, depression, anxiety and experienced panic attacks. Additionally, it was found that 20% of victims increased alcohol consumption and 74% of victims suffered sleep disturbances[20]. Nevertheless, social and psychological effects of offline stalking cannot be separated as social effects can impact on psychological effects and psychological effects can impact on the social effects. Although the majority of studies have focused on the offline stalking victims, there is no evidence to suggest that cyber stalking is any less of an experience than offline stalking (Minister for Justice and Customs, 2000), As shown, there are many common themes between offline stalking and cyber stalking. For example, offenders are most likely to be male and offline stalking or cyber stalking is the response to a failed (offline/online) relationship. Additionally, young females account for the majority of victims. Furthermore, victims experience significant social and psychological effects from offline stalking or cyber stalking.[21] Legal responses to cyberstalking Cyber stalking is are a relatively new phenomenon and many countries are only now beginning to address the problem. India has also witnessed cases of cyber stalking, cyber harassment and cyber defamation. However, as there is no specific law or provision under the IT Act, a number of these cases are either not registered or are registered under the existing provisions of Indian Penal Codewhich are ineffective and do not cover the said cyber crimes.[22] Since its promulgation, the IT Act 2000 has undergone some changes. One big change is the recognition of electronic documents as evidence in a court of law. Market players believe this will go a long way in giving encouragement to electronic fund transfers and promoting electronic commerce in the country. However, all hope is not lost as the cyber crime cell is conducting training programmes for its forces. It also has plans to organize special courses for corporate to combat cyber crime and use the IT Act effectively. Cyber defamation Defamation can be understood as the intentional infringement of another persons right to his good name. It is the wrongful and intentional publication of words or behavior concerning another person, which has the effect of injuring that persons status, good name, or reputation in society. It is not defamatory to make a critical statement that does not have a tendency to cause damage, even if the statement turns out to be untrue[23]. In this case a claim for malicious falsehood[24] may be raised. Another key feature of the Internet is that users do not have to reveal their identity in order to send e-mail or post messages on bulletin boards. Users are able to communicate and make such postings anonymously or under assumed names. This feature, coupled with the ability to access the internet in privacy and seclusion of ones own home or office and the interactive, responsive nature of communications on the Internet, has resulted in users being far less inhibited about the contents of their messages resulting in cyber space becoming excessively prone to defamation. What is defamatory? As to what is defamatory; Permiter v. Coupland[25] and Youssoupoff v. Metro Goldwyn Mayer Pictures Ltd[26] lay down that it is a publication without justification or lawful excuse, which is calculated to (meaning likely to) injure the reputation of another by exposing him to hatred, contempt, or ridicule[27] and make the claimant shunned and avoided. Then in Sim v. Stretch[28] the definition was widened to include the test whether the words tend to lower the plaintiff in the estimation of the right-thinking members of society in general. A persons good name can only be damaged if maligning statements are made to someone other than that person; that is, the defamatory statement must be disclosed to a third person, thereby satisfying the requirement of publication. Thus the law of defamation places a heavy burden on the defendant. All that a plaintiff has to prove, in a defamation action, is the publication of defamatory matter. The onus then lies on the defendant to prove innocence. In essence, the law on defamation attempts to create a workable balance between two equally important human rights: The right to an unimpaired reputation and the right to freedom of expression. In a cyber society, both these interests are increasingly important. Protection of reputation is arguably even more important in a highly technological society, since one may not even encounter an individual or organization other than through the medium of the Internet. Jurisdiction It is a fact that the tried and true real world legal principles do not apply in the digital generation. Even seemingly ubiquitous, time honoured principles must be examined, including whether a court has the power to exercise jurisdiction over a defendant because of the defendants ties to or use of the Internet or Internet related technologies. This jurisdictional rethinking requires us to address the concept that involves the right of the sovereign to exert its power and control over people or entities that use the Internet One of the complexities of the Internet is the fact that Internet communications are very different than telephone communications. The telephone communication system is based on circuit-switching technology, where a dedicated line is allocated for transmission of the entire message between the parties to the communication. A dedicated line, on the other hand, does not accomplish Internet communications. A message sent from an Internet user in India may travel via one or more other countries before reaching a recipient who is also sitting at a computer in India. Therefore, the lack of a physically tangible location and the reality that any Internet communication may travel through multiple jurisdictions creates a variety of complex jurisdictional problems[29]. Position in india Cases of cyber defamation do not fit neatly in the accepted categories of crimes. They represent harm of greater magnitude than the traditional crimes and of a nature different from them. Unlike the traditional crimes, they are not in the shape of positive aggressions or invasions[30]. They may not result in direct or immediate injury; nevertheless, they create a danger, which the law must seek to minimize. Hence, if legislation applicable to such offences, as a matter of policy, departs from legislation applicable to ordinary crimes, in respect of the traditional requirements as to mens rea and the other substantive matters, as well as on points of procedure, the departure would be justified[31] An effort is still wanted to formulate an international law on the use of Internet to curb this imminent danger of cyber crimes and to achieve a crime free cyber space. Defamation laws should be sufficiently flexible to apply to all media. The difficulty is that the defamation laws world over were principally framed at a time when most defamatory publications were either spoken or the product of unsophisticated printing. We do need a stronger legal enforcement regime in India to combat the increasing cyber crimes or in other words, efficacy in dispensation of justice will be instrumental in curtailing such activities. The position in Indian law is not very clear and amendments should be brought to Section 67 of the Information Technology Act, 2000[32] and also to Section 499 of the Indian Penal Code[33], by expressly bring within their ambit offences such as defamation in cyber space, which is certainly a socio-economic offence. Internet Banking Fraud The concept of internet banking was introduced to facilitate the depositors to have access to their financial undertakings globally. But every good thing has its own demerits; the introduction of this system was coupled by a number of fraud incidents in which the money of depositors was embezzled by the net swindlers popularly known as hackers.[34] Digital Extortion For any company doing business on the Internet, its the sound of doom: a computer voice warning of an inbound attack. Call it a cyber-shakedown: A hacker threatens to shut down a companys Web page, unless the business pays up.[35] Digital Extortion can be defined as, Illegally penetrating through the system of an enterprise and then compelling it to pay substantial amounts in lieu of their secret data or to save their system from being wiped out by the hackers. In a recent incident, Security researchers at Websense were trying to learn why a clients files were scrambled when they found a note demanding $200 for the electronic key to the files. The money was to be sent to an online payment service. The data was recovered without paying the ransom, but experts are worried that more sophisticated attacks could be more serious.[36] Credit Card Frauds Credit Card popularly known as plastic money has came up as a panacea for the troubles of carrying huge amount of money in the pocket. The credit card embodies two essential aspects of the basic banking functions: the transmission of payments and the granting of credit. But again the usage of this technology has brought in new forms of crimes with the fraudsters employing entirely new technologies to manipulate this technology for their illegal economic gains because unlike paper money, it was not anonymous and the usage of credit card can be traced. The Indian Legal Response to Data Theft Related Cyber Crimes In the past few years, India has emerged as a leader in information technology. Also, there has been an explosion of the BPO industry in India, an industry which is based primarily on IT[37], an industry where there is a huge risk of data theft since the business primarily is based on huge amounts of sensitive data of the customers. The numbers of computer literates have also grown at a rapid pace. The prices of computers and other peripherals have slashed drastically. Dial-up and Broadband connections, both are found and are easily accessed at cheap rates. All this has resulted in making the middle-class in India computer literate as well. Hence, as a result of all these developments, the Indian Parliament enacted the Information Technology Act, 2000. The researchers will discuss some of the remedies provided for in brief and has also provided certain suggestions as to where the act can be amended. 1) Penalty for Tampering with Computer Files As discussed already, Industrial espionage may also include tampering with the computer files to slow down the system or corrupt databases. Section 65 of the Act defines this sort of offence and prescribes an imprisonment of 3 years or fine extending to two lakh rupees. 2) Penalty for Hacking This also relates to data theft and industrial espionage. Hacking is where a person hacks into a computer resource and in any way destroys, deletes or alters any information is to be punished with an imprisonment of up to three years or a fine extending up to two lakh rupees. For this the requirement of mens rea, i.e. metal element is required. 3) Penalty for Damage of Computer, Computer System, etc. This is the section which can be said to deal directly with data spying. Section 43 says that whosoever without the permission of the owner accesses any computer ,downloads, copies or extracts any data, computer data base or such information is liable to pay compensation not exceeding rupees one crore. It takes care of all the possibilities arising out of such situations. In this case the condition of mens rea is not required, i.e. this section imposes a strict liability on every unauthorized access. 4) Penalty for breach of Confidentiality and Privacy Now, this section seeks to bring to the book people who secure access to any electronic record etc. and without the consent of the person concerned disclose the information to a third party. Shortcomings of the Act: * No steps to combat Internet Piracy- There is absolutely no legislation to combat the menace of piracy which has India firmly in its iron grip .As discussed by the researchers above India is one of the countries where there is rampant violation of copyrights. Pirates sell copyrighted material openly, on the streets, yet nothing can be done about it. * Power of Police To Search Limited to Public Places-Police officers can search public places and arrest any person having committed a cyber crime but it is seldom that such crime takes place in the open. Hence, the police have been limited in its powers by the act. * Issue of Privacy and Surveillance-There is no legislation that protects the citizens from having their physical features being examined and the details stored without their consent. When biometric systems gain currency in India the old argument of Privacy v. Security will have to be waged as it has been waged in the US. As we have seen, there are various aspects of data theft, not only the conventional one, though that remains one of the most well-known ways of data-theft, i.e. data spying .In todays world there is no one way of defining data. Data can still be in the form of a spreadsheet and also you can call information about a person including his physical features, which if they fall into the wrong hands can cause identity theft and can be used in various other ways to commit crime. The companies should monitor their employees, before hiring their employees and after hiring them. Employees should be given incentives and good salaries so that they resist the temptation to give away information to rival companies. Since it is a capitalistic system, competition will always remain, and companies will sink to unfair competition. Hence, unfair practices will always exist, and to minimize those companies should take all precautions necessary. As far as the laws concerning internet piracies go, not only in India, but the entire world needs better and more stringent laws that protect the copyright of intellectual property and stop the rampant copyright violation that has engulfed the whole world. Copyright laws need to be strengthened or else creativity will suffer since the artistes or investors will have no incentive. The music, film and publishing industry have all suffered heavily, to the tune of billions. India, also, needs more legislation, and most importantly of all, it needs to find ways to implement the existing laws, for example giving the police powers to search private places in case of suspicion of cyber crime. The definition of hacking needs to be modified and narrowed, since in the existing legislation the definition includes too many unnecessary acts. A lot of work regarding the use of biometric technology has to be done. The problem which the US face now (as has been discussed above) is the problem which is going to arise now, in India. Though biometric technology is definitely the way to go in view of the increased risk of terrorist attacks all around the globe, but there are serious issues of, not only violation of privacy, but also that of data theft, not only by criminals, but by the state itself Challenges of information technology to existing legal regime The impact of Internet on the existing legal regime can be well appreciated by the fact that the US Congress had introduced more than 50 bills pertaining to Internet and e- commerce, in the first three months of 1999 alone.[38] The issues, which need to be addressed urgently, are security of transactions, privacy, property, protection of children against an easy access to inappropriate content, jurisdiction, and validity of contracts, Procedural rules of evidence and other host of issues. Constitutional issues The issues raised by the advent of the Internet relevant to the constitutional lawyers are freedom of speech and privacy. The questions regarding the freedom of speech, which need to be answered, are: 1. Is publication, of information on the Internet equivalent to the speech and expression made by an ascertained person in real space within the political boundaries? 2. If it amounts to speech and expression should it be then regulated? 3. If it is to be regulated, should it enjoy the freedom available to press and thus subject to restrictions of article 19(2) or be treated as broadcast media, which is subject to governmental regulations? 4. Should we consider Internet a different media unparallel with the traditionally known and have to come up with different legal regime? In the developed world, a record bank is created in which individuals record image is stored. This record image is based on the information collected from different sources pertaining to an individual who remains unaware of the method, process and sources of record image[39].This record image has far reaching implications for an individual who may apply for insurance, medical care, credit and employment benefits.[40] The government also maintains electronic files, which contain sensitive information. This information is shared among the government agencies, private organisations and between the government and private sector, which in fact is facilitated by the technology itself. There is a possibility that the data collected from different sources to prepare a profile is outdated, inaccurate or out rightly false. Translating information to make it computer readable further compounds the problem. This increases the possibility of inaccuracies. Thus the objection is not that the inform ation has been collected with the knowledge of the concerned person, but the objection lies in the fact that an inaccurate information has been collected which will be repeatedly used to evaluate character, reputation, employment chances and credit worthiness of an individual who was not given chance to go through the information before it is finally stored, nor does he know the source where from the information has been collected. The Supreme Court of India has found article 21 flexible enough to encompass right to privacy within its fold. In Peoples Union for Civil Liberties v. Union of India[41] the apex court held the right to privacy a fundamental right. The apex court reminded that this right has its genesis in international instruments more particularly in articles 17[42]and 12[43] of the international Covenant on Civil and Political Rights, 1948, respectively to which India is a signatory and has to respect these instruments as they in no way infringe the domestic laws.[44] There are no two opinions about the fact that the Internet is going to be on central stage in future where an individual cannot be even in a take it or leave it situation. Its pervasiveness, speed and efficiency will provide little scope to the government or its instrumentality or any public or private establishment to think of any other equivalent alternative that would ensure the same safeguards to a person that were available to him in a system without Internet. The aim of the law and of the courts should not be (or cannot be) to retard scientific development, but of course scientific developments or its use cannot be at the cost of dignity, integrity and honour of an individual. Otherwise, the natural question will arise: scientific development for whom? One must think of ways and means where Internet is allowed to function smoothly but at the same time ensure protection of individuals rights, which have been protected not only by the Constitution but also by the constitutional interpretations. This approach of balancing of competing interests has a precedent in the American privacy jurisprudence. Stevens J. of the US Supreme Court declared in Whalen v. Rao[45]that the computer system did not violate a protected sphere of privacy. He made, however, immediately known that he would have ruled otherwise, had information not been adequately safeguarded. He himself suggested that one of the possible safeguards is to avoid disclosure of the infor mation. Brennan J. while concurring this opinion expressed concern about the easy accessibility of the information. He expressed optimism that further developments in information technology will demonstrate some curbs on such technology. Tort principles Like other branches of law, information technology has not left common law tort principles unchallenged. In fact, it has been argued, in particular with the service providers liability for defamation, that the issues raised are so new and unique that the application of existing principles is inappropriate and there is a need for developing new standards.[46] The tort law of negligence in relation to computers is generally of two types. First, it may be related to computer system (e.g., defective hardware or software) or improper or non-performance of services. Second, it may be negligent operation or non-use of the system. The standard tests applicable to negligence evolved by the courts are applicable here also but of course in a more refined way. For instance, foreseeable test may have to be redefined in case of computers that are manufactured for general purpose. These computers at present perform a variety of functions that even their creators might not have envisioned. The computer manufacturer may find himself liable in a number of ways if there is some defect in the design, program or use of the computer. Again a computer designated to perform general functions may cause problems for the vendor as the question as to where to draw a line so as to put limit on the liability of the vendor will be always there.45 The professionals in any field have much greater duty than the one imposed on an individual by the law of negligence. A professional is judged by the standards set by his own peers who will not be shared by a reasonable man as is required under general law of negligence. However, the demarcating line between the professional and nonprofessional is vague. Due to this uncertainty, it is yet to be resolved whether a computer designer or programmer is a professional or not. However, in Pezzillo v. General Telephone and Electronics Information System. Inc.[47] the court declined to hold a computer programmer as professional and compared him with a draftsman employed by an architect. The court held that the architects and computer analysts are professionals. This issue is yet to be resolved by the Indian courts. A person and the extent of his liability raise an interesting issue in the domain of negligence law in relation to non-use of computer. It has been argued that such failure is a breach of the duty to take reasonable care[48] and in President of India v. West Coast Steamship Co.,[49] it was laid down that the obligation in such situations arises where there has been a custom or usage in the industry to use computer. This test may not be helpful in India, as the use of computer has not been yet so common as to precipitate into a custom or usage. However, without complicating the matter, it can be argued that a person employed to use computer will be held responsible for his non-use in the same way as the person is held responsible for its negligent use. Failure to use itself implies breach of a duty to use. The ticklish issue of whether online publication of defamatory statement amounts to libel or slander will not be debated in India in view of the preponderance of court opinions not in favor of recognizing this common law dichotomy,[50] A pertinent question arises with respect to the liability of Internet service providers for defamation. Is he a publisher or distributor for the purposes of defamation as the standards of liability are different? In America, a distinction has been maintained between the primary and secondary publisher. In case of primary publisher, the liability is strict and secondary publishers liability arises only when claimant proves fault on the part of the secondary publisher. Secondary publisher means a distributor and will certainly cover Internet service provider {ISP).[51] On the other hand, under common law, publisher includes anybody involved in the publication, distribution or dissemination of a libel. As a result printers, wholesale dealers, bookshops and libraries are associated with the defendant for libel action. The same applies to the electronic equivalents of such disseminators, namely ISPs, access providers, web-sue hosts, online database and services. This was also confirmed by the first decision of UK High Court on the liability of Internet service providers (ISPs) in Godfety v. Demon Internet Limited.[52] However, some statutory defenses have been provided to the Internet service providers by section 1 of the Defamation Act, 1996.[53] In India, a half way house between the American approach and common law doctrine has been adopted. The IT Act, through section 79. has come close to the UK Defamation Act, 1996 by providing that the service provider will be liable where he himself makes a defamatory statement or where he fails to exercise due diligence to prevent the commission of the offence. Where the offence has been committed without his knowledge or even after he exercised reasonable care, he will not be responsible. So there is a significant shift from the American approach that places onus on the claimant. Here onus lies on the Internet service provider to prove that he is innocent. This approach has advantages, as in the faceless digital world, author of the defamatory matter may not be traced, or he may be outside the jurisdiction. As against this, ISPs can be easily located. However, it remains to be seen whether this due diligence is equivalent to common law duty on the part of ISPs to check every transfer of information which sometimes takes place without the human intervention and sometimes it is humanly impossible to screen all information which passes on. Then if such duty is imposed on ISPs, the questions of privacy and confidentiality will be always there Conclusion IN May 2000, at the height of the dot-com boom, India enacted the IT Act and became part of a select group of countries to have put in place cyber laws. Three years down the line, is the Internet a better place to live in? Are those cyber criminals behind bars? Are we shopping mad online? Well, not really. The Internet is still a dirty place to hang out; beware those viruses and spam mails. Cyber hooligans are growing in numbers and are very much at large. And we are still wary of using our credit card online. Despite the enactment of cyber laws and their existence for three years, a lot more needs to be done, both online and offline, as well as within the judiciary and law enforcement agencies, experts feel. However, a number of right steps have also been taken to make the IT Act more relevant in todays context.[54] Despite the Information Technology Act, 2000, there are still several grey areas that exist within the law. The IT Act, 2000, is primarily meant to be a legislation to promote e-commerce. It is not very effective in dealing with several emerging cyber crimes like cyber harassment, defamation, stalking and so on.[55] In all five years, despite the growing crime rate in the cyber world, only less than 35 cases have been registered under the IT Act 2000. And no final verdict has been passed in any of these cases as they are now pending with various courts in the country. The information technology has spawned new legal issues that do not have a precedent in the common law world, which has been evolved and established in a physical world with political boundaries and in tangible medium. The principles of common law, in many cases, are inapplicable to the legal issues that have emerged in cyberspace that knows no boundaries and physical environment. These issues do not have express solution in the existing legal regime. Although, the Information Technology Act, 2000 has been passed, yet it is simply a gap filler and in many situations it is not applicable. The legal position regarding the electronic transactions and civil liability for the acts executed in cyberspace is still hazy. Thus courts will be, time and again, called to resolve nebulous issues and in the process, it is hoped that cyber jurisprudence will be evolved and ultimately established. Suggestions A major hurdle in cracking down on the perpetrators of cyber crimes such as hacking is the fact that most of them are not in India. The IT Act does give extra-territorial jurisdiction to law enforcement agencies, but such powers are largely inefficient. This is because India does not have reciprocity and extradition treaties with a large number of countries. What India needs to do in this backdrop, is to be a part of the international momentum against cyber crime. The only international treaty on this subject is the Council of Europes Convention on Cyber Crime, formulated primarily by the European Union. By signing this treaty, member countries agree on a common platform for exchange of information relating to investigation, prosecution and the strategy against cyber crime, including exchange of cyber criminals. At the last count, there are 43 member countries, including the US and South Africa. India is not yet a part of this group and being a member would go a long way in addressing this issue of cross-border cyber terrorism. The Indian IT Act also needs to evolve with the rapidly changing technology environment that breeds new forms of crime and criminals. We are now beginning to see new categories and varieties of cyber crimes, which have not been addressed in the IT Act. This includes cyber stalking, cyber nuisance, cyber harassment, cyber defamation and the like. Another glaring omission in the Act, which contradicts the very objective of passing such a law encouraging e-commerce by giving it legal validity is the fact that the IT Act does not cover electronic payment. However, some steps such as amendments to the Negotiable Instruments Act have been taken to address this issue. Also in the making is a law on data protection. Bibliography Articles Brownstein, A. (2000). In the Campus Shadows, Women are Stalkers as well as the Stalked, The Chronicle of Higher Education, 47(15), 2002 ed. Charles, Computer Bulletin Boards and Defamation; Who Should be Liable and under What Standard 2 Jl. and Tech Cuterrca, Computer Network. Libel and the First Amendment, Computer Law Journal. Cyber Shakedowns on Rise. (https://www.cbsnews.com/stories/2005/06/0/eveningnews/main699362.shtm) Devashish Bharuka, Indian information technology Act, 2000: Criminal Prosecution made easy for Cyber Psychos , (Vol. 42, 2002), Journal of India Law Institute, New Delhi Eugene R. Quinn, Jr., The evolution of Internet Jurisdiction: What a long strange trip it has been, Syracuse Law and Technology Journal, Spring, 2000: www.westlaw.com Farooq Ahmed, Challenges of the information technology to the existing legal regime: Common law principles No more Panacea ,(Vol. 46, 2004), Journal of India Law Institute, New Delhi. Goode, M., Stalking: Crime of the Nineties. Criminal Law Journal, 19, 1995. Gopika Vaidya-Kapoor, Byte by Byte. available on the website https://www.rediff.com/netguide/2003/feb/18crime.htm Hardy, The Proper Legal Regime For Cyber Space 55 Utah L Rev 993 Jewkeys, Yuonne (ed.), Dot.coms Crime, devience and identity, theft on the internet Jim Puzzanghera, US lawmakers clamouring to regulate Internet, San Jos Mercury News 9th Apr 1999 available online from Lexis-Nexis. Keane Insight, Whats wrong with our cyber laws? , Avaliable on (https://www.expresscomputeronline.com/20040705/newsanalysis01.shtml) Laughren, J, Cyberstalking Awareness and Education , Available on https://www.acs.ucalgary.ca/~dabrent/380/webproj/jessica.html, last visited on (02-11-2007) McCann, J.T. (2000). A Descriptive Study of Child and Adolescent Obsessional Followers. Journal of Forensic Sciences. Meloy, J.R. Gothard, S.). Demographic and Clinical Comparison of Obsessional Followers and Offenders with Mental Disorders. American Journal of Psychiatry. Mullen, P.E. Pathe, M. (1997). The Impact of Stalkers on their Victims. British Journal of Psychiatry. Murdock, The Use and Abuse of Computerized In format ion 44 ALB L Rev 589-619 (1980). Ogilvie, E. (2000).Cyber Stalking, Trends and Issues in Crime and Criminal Justice, 166. Available at https://www.aic.gov.au Sinwelski, S.A. Vinton, L. ,Stalking: The constant threat of violence. Affilia: Thousand Oaks 2001 ed. Stephanie Blumstein, The New Immunity in Cyber Space: The Expanded Reach of Communications Decency Act to the Libelous Reposter, Boston university Journal of Science and Technology law, Summer 2003; www.westlaw.com Suzi Seawell (et al), Cyber Defamation: Same old story or brave new world? : https://gsulaw.gsu.edu/lawand/papers/su98/defamation Tim Ludbrook, Defamation and the Internet- Where we are and where we are going, Entertainment Law Review, 2000: www.westlaw.com Tjaden, P. Thoennes, N. (1997). Stalking in America: finding s from the National Violence Against Women Survey. National Institute of Justice and Centres for Disease Control and Prevention. Washington DC. Available at https://www.ncjrs.org Vipin V. Nair, Dark deeds remain in the dark, available on the website-(https://www.thehindubusinessline.com/ew/2003/09/10/stories/2003091000080100.htm) Westrup, D., Fremouw, W.J., Thompson, R.N. Lewis, S.F. The Psychological Impact of Stalking in Female Undergraduates. Journal of Forensic Sciences, (1999). Yatinder Singh, cyber crime ,(Vol. 44, 2002), Journal of India Law Institute, New Delhi Zona, M.A., Sharma, K.K. Lone, J. A Comparative Study of Erotomanic and Obsessional Subjects in a Forensic Sample, Journal of Forensic Sciences, 1993 ed. Books referred Charlotte Waelde and Lilian Edwards (Ed.), law and the internet-a framework for electronic commerce, (2nd ed., 2000), Hart Publishing, Oxford Chris Reed (Ed.), computer law, (5th ed., 2000), Blackstone Press, London Gerald R. Ferrera (et al), cyber law-text and cases, (2nd ed.) Thomson south -western west, USA Graham J H Smith, internet law and regulation, (3rd ed. 2002), Sweet and Maxwell, London Rodney D. Rider, guide to cyber laws, (2nd ed. 2003), Wadhwa and Co., Nagpur Sallie Spilsbury, media law, 2000, Cavendish Publishing, London. Legislations used Information technology act, 2000. Indian Constitution Indian Penal Code, 1872. Websites used www.manupatra.com www.westlaw.com www.thehindubussinessonline.com www.ncjrs.org www.gsulaw.gsu.edu www.cbsnews.com www.rediff.com www.aic.gov.au www.acs.ucalgary.ca [1] .Mishra,RC , Cyber crime: impact in the new millennium, 2002 ed., p.53 [2] Laughren, J, Cyberstalking Awareness and Education. Available on https://www.acs.ucalgary.ca/~dabrent/380/webproj/jessica.html, last visited on ( 02-11-2007) [3] Mishra,RC , Cyber crime: impact in the new millennium, 2002 ed., p.54 [4] Jewkeys, Yuonne (ed.), Dot.coms Crime, devience and identity, theft on the internet,,p.108 [5] Ogilvie, E. (2000).Cyberstalking., Trends and Issues in Crime and Criminal Justice, 166. Available at https://www.aic.gov.au [6] Jewkeys, Yuonne (ed.), Dot.coms Crime, devience and identity, theft on the internet,,p.109 [7] Jewkeys, Yuonne (ed.), Dot.coms Crime, devience and identity, theft on the internet ,p.109 [8] id [9] id at p.110 [10] id at p.110 [11] Meloy, J.R. Gothard, S.). Demographic and Clinical Comparison of Obsessional Followers and Offenders with Mental Disorders. American Journal of Psychiatry, 152(2), 1995 ed., 258-26 [12] McCann, J.T. (2000). A Descriptive Study of Child and Adolescent Obsessional Followers. Journal of Forensic Sciences, 45(1), p.195-99 [13] Sinwelski, S.A. Vinton, L. ,Stalking: The constant threat of violence. Affilia: Thousand Oaks 2001 ed.. [14] Goode, M., Stalking: Crime of the Nineties?., Criminal Law Journal, 19, 1995, p.21-31. [15] Brownstein, A. (2000). In the Campus Shadows, Women are Stalkers as well as the Stalked, The Chronicle of Higher Education, 47(15),2002 ed., 40-42. [16] Tjaden, P. Thoennes, N. (1997). Stalking in America: findings from the National Violence Against Women Survey. National Institute of Justice and Centres for Disease Control and Prevention. Washington DC. Available at https://www.ncjrs.org [17] Zona, M.A., Sharma, K.K. Lone, J. A Comparative Study of Erotomanic and Obsessional Subjects in a Forensic Sample, Journal of Forensic Sciences, 1993 ed. 38,p. 894-903. [18] For more details refer to https://www.haltabuse.org/resources/stats/relation.shtml [19] Westrup, D., Fremouw, W.J., Thompson, R.N. Lewis, S.F. The Psychological Impact of Stalking in Female Undergraduates. Journal of Forensic Sciences, (1999), 44(3), pp.554-557. [20] Mullen, P.E. Pathe, M. (1997). The Impact of Stalkers on their Victims. British Journal of Psychiatry,,pp. 12-17. [21] https://www.usdoj.gov/criminal/cybercrime/cyberstalking.htm [22] Keane Insight, Whats wrong with our cyber laws? , Avaliable on (https://www.expresscomputeronline.com/20040705/newsanalysis01.shtml) [23] Sallie Spilsbury, MEDIA LAW, 2000, p.60. [24] Malicious falsehood is primarily concerned with damage to profits or earnings caused by the publication of untrue statement or fact. It is immaterial whether the untrue statement causes damage to the claimants reputation. If the untrue words are also defamatory then a claim for malicious falsehood is not excluded , although the courts will not allow the claimant to recover damages for both defamation and malicious falsehood for the same loss; Joyce v. Senagupta [1993] 1 All ER 897; Sallie Spilsbury, MEDIA LAW, 2000, p153. [25] (1840) 6 MW 105 [26] (1934) 50 TLR 581 [27] Supra n.5,p.108 [28] [29]Cyberspace, 55 F. Supp. 2d at 745 (citing American Civil Liberties Union v. Johnson, 4 F. Supp. 2d 1029, 1032 (D.N.M. 1998); American Libraries, 969 F. Supp. at 171)); Eugene R. Quinn, Jr., The evolution of Internet Jurisdiction: What a long strange trip it has been, SYRACUSE LAW AND TECHNOLOGY JOURNAL, Spring, 2000: www.westlaw.com [30] Chris Reed (Ed.), COMPUTER LAW, 5th ed., 2000, p.392. [31] Ibid. [32] Publishing of information which is obscene in electronic form. Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees. [33] Defamation: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person. [34] Computer related crime, p.28 as quoted in R.K. Suri and T.N. Chhabra, Cyber Crime,p.398. [35] Cyber Shakedowns on Rise, https://www.cbsnews.com/stories/2005/06/02/eveningnews/main699362.shtml (June2,2005) [36] Walt Zwirko, Of Zombies and digital extortion, https://www.dallasnews.com/sharedcontent/dws/wfaa/wzwirko/stories/wfaa050525_wz_cc_security.2ae9ce98b.html ( May 25,2005) [37] Acronym for Information Technology. [38] Jim Puzzanghera, US lawmakers clamouring to regulate Internet, San Jos Mercury News 9th Apr 1999 available online from Lexis-Nexis. [39] Linowes observes: the social and economic benefit of this increasingly sophisticated technology has been achieved through substantial loss of privacy. See, Linowes. Must Personal Privacy Die in the Computer Age (1973). [40] See Murdock, The Use and Abuse of Computerized In format ion44 ALB L Rev 589-619 (1980). [41] See Murdock, The Use and Abuse of Computerized In format ion 44 ALB L Rev 589-619 (1980). [42] Art. 17: no one shall be subject to arbitrary or unlawful interference with his privacy, family, human or correspondence, nor unlawful attacks on his honour and reputation. [43] Art.12 is almost worded like Art. 17. [44] For this opinion see, Kesavananda Bharti v State of Kerala, AiR 1973 SC 1461; A.D.M Jabalpur v 5. Situkla, AIR1976 SC 1207; J. C.Varghesc v Bank of Cochin, AIR 1980 SC 470. [45] 429 US 589 (1977). In this case New York State had planned to frame a ^Literized list of the users of certain prescriptive drugs. The security system provided a lock wire fence, an alarm system and off line reading of the data files and rapes-which would prevent outsiders from reading or using rhe information. [46] See, Hardy, The Proper Legal Regime For Cyber Space 55 Utah L Rev 993, 996-1006, 1044-1048 (1994); Cuterrca, Computer Network. Libel and the First Amendment, 1 1 Computer LJ 555. 682-583 (1992) and Charles, Computer Bulletin Boards and Defamation; Who Should be Liable and under What Standard 2 Jl. and Tech 121,146-150 (1987). [47] 414 F Supp. 1257, 1270 (M.D. Tenn 1976), affd percunan, 572 F. 2d 1 189 6th cir. (1978). [48] Levin, Automation and the Law of Torts, 1964 Mull. 35. 39. [49] 2I3F. Supp. 352 (D. Or 1962). affd 327 F.2d 638 (9th cir.) Cert, denied.377 U.S. 929 (1964). [50] See, Mst. Ramdhara v. Mst. Phulwatibai 1970 Cr LJ 286 [51] Sec. David Enscl, ISP on the Hook, Communications Law, Vol. 4, 1999 at 140 [52] The case was decided on 26 March 1999. [53] The Internet Service Provider is not liable where he proves that (i) in operating or providing any equipment, system or service by means of which a statement is retrieved, copied, distributed or made available in electronic form [s, 1(3He)]; or (ii) as the operator of, or provider of access lo, a communication system bv means of which a statement is transmitted, or made available, by a person over whom he has no effective control [s. l(3)(e)]; (iii) it took reasonable care in relation u publication of the statement complained of [s. 1(1 )(6)] and (iv) it did not know, lad no reason to believe, that in what respect it caused or contributed to the publication of a defamatory statement [s. l(l)(c)]. [54] Vipin V. Nair, Dark deeds remain in the dark, available on the website- ( https://www.thehindubusinessline.com/ew/2003/09/10/stories/2003091000080100.htm) [55] Gopika Vaidya-Kapoor, Byte by Byte. available on the website https://www.rediff.com/netguide/2003/feb/18crime.htm
Sunday, May 17, 2020
Music Experience At The Miami University Jazz Essay
Live Music Experience Paper When a genre of music becomes mainstream, its creation is no longer dictated by art and the need to create art, but instead, for commercial gain. Thus the music loses its originality, it loses its authenticity, and worst of all it loses its culture, without culture, the music can be likened to a BLT sandwich without bacon, for no matter how skillfully prepared, it lacks an integral part of itself, and cannot possibly be whole. This is exactly the phenomenon I observed when I attended the Miami University Jazz Ensembleââ¬â¢s concert for my ethnographic research. This phenomenon is evident in the way the musicians interacted with one another and their audience, the demographic of the audience, and the manner in which the show flowed. Before attending the concert, I anticipated a powerful performance guided by a deep culture cultivated over the ages by the likes of Cab Calloway and Dizzy Gillespie; I expected the culture to coat each note and the history to pierce each chord. But ins tead, I was met with a vapid, yet skillful performance of well-known Jazz pieces from different styles of Jazz ranging from classic blues to Latin jazz. The Miami University Jazz Ensemble played the concert, the ensemble is directed by Dr. Jeremy Long and featured Phil DeGreg on piano. The event took place at the Miami University Hall Auditorium on Tuesday, October 18th, 2016. 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She was an artist with over six decades of success making herRead MorePsychedelic Rock : The Defining Music Genre Of The 1960 S1717 Words à |à 7 PagesPsychedelic Rock: The Defining Music Genre of the 1960ââ¬â¢s ââ¬Å"Through all of history, mankind has put psychedelic substances to use. Those substances exist to put you in touch with spirits beyond yourself, with the creator, with the creative impulse of the planet.â⬠says Ray Manzarek, a member of the psychedelic band the Doors. The mid-to-late 60s marked a point when drugs were commonplace throughout life, and music was one of them. Psychedelic rock was often underground and was outshined by the previousRead More The Use of Deconstruction in Public Policy Formation3977 Words à |à 16 Pagesinclude the consultant as part of the problem. Advice is specific to each ad-visor, depending upon whom is recognized behind the visor. 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Brooklyn (Kings County:Read More African Music of the Rastafari, the Rasta Community, the Dreads4350 Words à |à 18 PagesAfrican Music of the Rastafari, the Rasta Community, the Dreads Nyabinghi music played at Rastafarian grounations, which includes drumming of at least three hand drums, chanting, dancing, spiritual use of the holy herb, and praise to Jah Rastafari, are considered the most important and inspirational meeting of Rastafari. The term nyabinghi is said to have come from a religious, spiritual, and political movement in East Africa beginning in the 1850ââ¬â¢s until the 1950 led by a series of spirituallyRead MoreMarket Segment Analysis to Target Young Adult Wine Drinkers7369 Words à |à 30 PagesMarket Segment Analysis to Target Young Adult Wine Drinkers Elizabeth C. Thach School of Business and Economics, Sonoma State University, 1801 E. Cotati Ave., Rohnert Park, CA 94928. E-mail: Liz.Thach@sonoma.edu Janeen E. Olsen School of Business and Economics, Sonoma State University, 1801 E. Cotati Ave., Rohnert Park, CA 94928. E-mail: Janeen.Olsen@sonoma.edu ABSTRACT Consumer segmentation in the wine industry takes on many forms: demographic, geographic, behavioral, and others+ In theRead MoreRastafarian79520 Words à |à 319 PagesNew York 10016 Oxford University Press is a department of the University of Oxford It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Bangkok Buenos Aires Cape Town Chennai Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Sà £o Paulo Shanghai Taipei Tokyo Toronto Oxford is a registered trade mark of Oxford University Press in the UK andRead MoreMandarin Oriental Hotel4629 Words à |à 19 PagesPrateepasen, Pote Sarasin (a Thai lawyer) and John Webster and Jim Thompson, two Americans who had served in the Organization for Strategic Security (OSS) and who had stayed on in Thailand. Krull took the position of manager in 1947, despite no prior experience in the hotel field. Born in Poland, she had been best known as a photographer during the 1920s before service in the Pacific as a war correspondent for Agence France Presse. Badly run down after its wartime service, the partnership immediately began
Wednesday, May 6, 2020
Individualized Instruction Essay - 809 Words
Since the American public school system has existed, it has mainly served as a facility that distributes facts in bulk to a wide variety of students. In the past century, the school system has changed from one-room schoolhouses to diversified curricula covering hundreds of topics, offering students choice on which classes he or she wants to study further. However, given the fact that every child learns dramatically differently from one another (Felder Solomon), it is obvious that something must be done to adapt to each childââ¬â¢s individual learning styles. Teachers need to adjust from teaching for memorization to teaching for comprehension. They need to instill a love of learning in our youth, otherwise, we will lose the drivingâ⬠¦show more contentâ⬠¦We never watched the actual video in class, however, because the school district had put a superfluous filter on school communications through the Internet. Our teacher could not circumvent this filter due to the bureaucrac y of the school district. The government has emplaced a ââ¬Å"Donââ¬â¢t ask why, just accept itâ⬠policy on the teachers, making sure they stick to standard curricula instead of adopting their own (more effective) teaching styles. When we force teachers to teach a certain way, we overlook students as individuals, envisioning them as statistics. We place unrealistic expectations on teachers, increasing their workload while limiting their freedom. With the No Child Left Behind Act, we have opted to reform education by making sure everyone reaches their ââ¬Å"highest potentialâ⬠by limiting teaching to strict guidelines for standardized testing. Gone are the days when school instilled a love of knowledge and learning in students. We have replaced it with a compulsory memorization-based curriculum from which nobody benefits (Schaeffer). Having come from ââ¬Å"giftedâ⬠education back down to public schooling, it became increasingly evident that teachers tried hammering ideas into studentsââ¬â¢ heads instead of presenting it in a manner for students to grasp independently. The problem is, this isnââ¬â¢t the teacherââ¬â¢s fault, because from the beginning, we teach students for memorization instead ofShow MoreRelatedSocial Development Through Individualized Instruction And Global Awareness1284 Words à |à 6 Pagesand learning English happened only in school. I continued to fail reading and was put into speech classes and intervention. My struggles transformed me to believe that a teacherââ¬â¢s role of connecting learning to social development through individualized instruction and global awareness is significantly important. Students must learn through interaction, and I feel that a teacher can express those values through teaching and connecting life with academics. Constructivism is a set of beliefs that stateRead MoreUniversal Design For Learning Programs1377 Words à |à 6 Pagesthe learning process. UDL Examining a review of some of the literature regarding UDL and the various website resources, especially the CAST website, I found that a UDL system is not a learning system that can be adopted and implemented to help instruction of students with a specific disability. Rather, UDL is a learning system that strives to increase the learning potential for all students by taking into account their specific learning abilities, their personal connection to the learning, andRead MoreResponse Of Intervention ( Rti ) Process1619 Words à |à 7 Pagesin the classroom. Educators can respond to student challenges by using instructional interventions to provide extra support to struggling students. An intervention is a type of instruction targeted to meet the learning and/or behavioral needs of a student. Interventions are in addition to the general classroom instruction. The interventions may vary in intensity. They can increase or decrease in intensity as determined by studentsââ¬â¢ needs . Students are progress monitored by using checkpoints to measureRead MoreThe Individuals With Disabilities Education Act1535 Words à |à 7 Pagesof the disability. Schools must therefore provide services to meet the particular educational needs arising from a disabling condition that cannot be met in the general educational program. THE NATURE OF SPECIAL EDUCATION Special education is instruction tailored to the unique learning needs of an exceptional student. A host of characteristics may make a student ââ¬Ëexceptional,ââ¬â¢ including sensory, physical, cognitive, or communication abilities that differ from those of same-age peers in a way thatRead MoreCherokee Charter Academy : Charter School918 Words à |à 4 Pagesa kindergarten teacher for ten years. In this classroom, I observed the students, the instruction, standards, and the teacher. As I observed this classroom I noticed the students, teacher, management, and the setup. First, there are twenty-one students in this class and most of them are boys. Another interesting thing about the students in this class is that majority of the kids in the class have individualized education plans. The student s behavior ranges from extremely well behaved to very disruptingRead MoreAdvantages And Disadvantages Of Technology Based Assessment758 Words à |à 4 Pageschallenges and inadequacies. Benefits of the Assessment The benefits for criterion reference based assessment help determine learnerââ¬â¢s comprehension of specific instruction. Educators are capable to discover expertise requisite advancement of sequential subjects. The assessment also inform educators cognize overall where instruction attempt should deviate. Disadvantage of the Assessment The disadvantages are achievement does not signify learners prospect consequently. only determines a studentRead MoreSensory Diet, By Patricia Wilbarger964 Words à |à 4 PagesWilbarger and included an individualized activity plan designed with the emphasis on timing, intensity, and sensory qualities and intended to decrease sensory defensiveness (P. Wilbarger Wilbarger, 2001). Currently, the term ââ¬Å"sensory dietâ⬠is used by therapists to refer to interventions that use sensorimotor activities multiple times a day to facilitate the participantsââ¬â¢ ability to organize sensory stimuli. For this study, sensory diet will encompass an individualized activity plan consisting ofRead MoreIncluding Students with Special Needs893 Words à |à 4 Pagesstudent and make appropriate accommodations to their instruction. By differentiating their instruction and making accommodations that benefit all students, instructors can create a learning environment that meets all the student sââ¬â¢ needs. By delving into the four areas that should be considered when looking at oneââ¬â¢s classroom environment evaluating student strengths and weaknesses instructors are able to modify their classroom setting and instruction to accommodate all of their students. Letââ¬â¢s take JeffRead MoreEvaluation Of A Formal Referral1691 Words à |à 7 Pagesparent attends the initial determination meeting and evaluations are warranted, the parent can sign consent at that time or refuse. The school district has 90 calendar days to complete the evaluations, and if eligible, develop and implement an individualized education program (IEP). If it is determined that evaluations will not be conducted, recommendations may be made with respect to interventions or services to be provided in general education. The child study team must inform the parent in writingRead MoreWho Decides Where Jerry Goes For School? Family And Educator Conflict From Special Education Placement Essay767 Wor ds à |à 4 Pagesdeficit hyperactivity disorder (ADHD), oppositional defiant disorder (ODD), and a conduct disorder (CD). Afterwards, the team that conducted Jerryââ¬â¢s Individualized Education Plan (IEP) decided to place Jerry in a special education setting. The special education team decided that he would be considered successful if he achieve to follow instructions from his teachers 80% of the time and that he needed to complete his class assignments with a minimum score of 75%. Additionally, to his IEP,
Moral choices facing employees free essay sample
When employees sign a contract with a compamy, they are agreeing to perform certain tasks in exchange for a finacial reward. It is possible that employees are obligated to do their jobs only to get paychecks, but do they have an obligation to help the company past what they are legally responsible to do? What if their companyââ¬â¢s interests conflict with their own? Should an employee speak out on immoral decision made by the company? Theses are just a few of the questions that an employee may have to consider while working for a company. Employees face tough moral choices including company loyalty, conflicts of interest, bribes, and whistle blowing. An employee has a legal obligation to the firm through his contract, but how loyal he is outside of legality is his choice. He can choose whether he wants to be completely loyal, not loyal at all, or if he will have a balance with his employer. Obedience loyalty, an extreme, is where an employee believes that he is worthless and his company is the only thing that matters. While this is a rarity, it is still present throughout some professional fields, such as the military. Obedience-loyal employees would put their lives in danger for their company and give up any personal life to do their job. A good example of this was April Leatherwood, a Memphis policewoman who went undercover for an entire year, putting family, friends, and her own hygiene behind her (Brusseau). Most employees do not display this type of loyalty but would rather have a balance between themselves and the company. Balanced loyalty occurs when an employee might sacrifice some things for his job but not as extreme as his own wellbeing. This is a more common form of loyalty and is displayed in more areas of work. An employee who has balanced loyalty may be asked to move for his job, might talk to his friends about how awesome his company is, or might choose political beliefs that are in the best interest of the company (Brusseau). The employee is not asked to make rash decisions (such as giving up his personal life for a whole year) but is still very loyal to the company and looks out for its best interest. Sometimes it is in oneââ¬â¢s self interest to not be loyal to his company at all. The third form, free agency loyalty, is at the opposite end of the spectrum. An employee who practices free agency loyalty lacks any faith to his company at all. The argument behind free agency is loyalty only exists ââ¬Å"in a reality where individuals stand by others to some extent without conditionsâ⬠(Brusseau). Usually, in a profit-making company, they only look out for what is best for maximizing profits and not necessarily employeesââ¬â¢ interests. If an employer isnââ¬â¢t loyal to its employees, than why should employees be loyal to the employer? Companies should have just as much loyalty in their employees as their employees have in them because it is the choice of the employee to stay. Even the most loyal of employees will find that their self-interests can sometimes conflict with the rules of their contract and the company. The problem may be as small as one wanting to wear a dress shirt and khakis to work but the dress code calls for a full suit. Or the problem could be larger like an employee believing he deserves a six-figure salary while he is only earning four figures. There are conflicting interests in almost every job and it is up to the employee to decide what he should do. Conflicts of interest can arise when ââ¬Å"employees at any level have special or private interest that are substantial enough to interfere with their job dutiesâ⬠(Shaw 388). The conflicts in the workplace are usually small and only affect a few people, or can be large and affect the entire company. In his book ââ¬Å"The Business Ethics Workshopâ⬠William H. Shaw describes one example of a financial case with Bart Erdman, the sales manager for Leisure Sports World. Since his brother-in-law is the companyââ¬â¢s CEO, Erdman gives all of the firmââ¬â¢s promotional work to an outside advertising company raising advertising costs by fifteen percent. He has allowed his choices as an employee to be affected by his own interests, affecting the company as a whole (388). Even if Erdman had decided to pass a small amount of work to his brother-in-law, a conflict still arises. He still has a personal interest in his business transactions, which could lead him to act against the interest of the company. It starts to become a problem when the employeeââ¬â¢s decisions affect not only the company negatively, but his own interests as well. If Bart had spent extra time and money that he didnââ¬â¢t have to try and get his work done, it goes against his own interest as well as the companyââ¬â¢s. Deciding how to deal with a specific conflict can be troubling at times but an employee needs to find a balance between his companyââ¬â¢s interest and his own. A severe conflict an employee may face is whether or not to take a bribe. According to ethicalrealism. com, a bribe is defined as ââ¬Å"a payment made with the expectation that someone will act against their work dutiesâ⬠(Gray). A bribe can come from another company or from a supervisor within the company itself. Most bribes are financial, but can come can be in the form of anything the employee may value, such as a car. Bribes can also come as the form of a kickback, which is ââ¬Å"a percentage payment to a person able to influence or control a source of incomeâ⬠(Shaw 396). An employer may use a kickback when he needs the employee to complete a task quickly and uses the payment as a motivation. Morally, taking a bribe is wrong but an employee may take the bribe if its benefits outweigh his present well-being. But if he takes the bribe, could he lose his job? What are the potential consequences that could affect him and the company as a whole? Whatever the controversy may be, an employee must look out for his best interest, the effects on his company and the legal consequences of taking a bribe. In the United States, it is illegal to receive and give bribes in the workplace. According to 18 USCS prec à § 201(b), ââ¬Å"Whoever directly or indirectly, corruptly gives, offers or promises anything of value to any public official with intent to influence that personââ¬â¢s official act will be fined for the offence of briberyâ⬠(Federal Laws). The punishment depends on the severity of the case but ranges from ââ¬Å"a fine of an amount not more than three times the monetary equivalent of the thing of value, or imprisonment for not more than fifteen yearsâ⬠(Federal Laws). A bribe may or not be worth the risks that accompany it and the employee must make the choice for himself. Many employees witness their companiesââ¬â¢ wrongful actions and need to decide whether or not to blow the whistle. Whistle blowing is defined as, ââ¬Å"A practice in which employees who know that their company is engaged in activities inform the public or some governmental agency of those activitiesâ⬠(Shaw 404). These actions can be illegal, cause unnecessary harm, or just otherwise immoral. Depending on how serious the case is, an employee may see the public interest as more important than his own loyalty to the company. But sometimes whistle blowing is not always the right thing to do and could jeopardize the companyââ¬â¢s welfare. That is why employees must look at the five justifications of whistle blowing before making any final decisions. The first justification states that whistle blowing must be done from an appropriate moral motive. Searching for attention, profit, or stirring up trouble are not justifiable reasons for blowing the whistle. Second, the whistle blower must have exhausted all internal channels prior to going to the public. This means the employee has talked with all supervisors and officials within the company in attempt to fix the problem. Having compelling evidence of wrongful actions is the third justification that employees must consider. This is hard to do because success requires hard evidence, such as accounting records. The more specific evidence employees can get, the greater chance of justification. Justification also requires that the problems are significantly wrong and the actions would be hazardous if not corrected. The final justification of whistle blowing that employees need to recognize is what the chances are they can actually remedy the problem. If going out to the public and exposing their company will not fix the problem, employees should not try to blow the whistle in the first place. Signing a contract and binding oneself to a company may seem very simple and harmless but there are many conflicts that arise. An employee has to look out for his own self interest as well as the companyââ¬â¢s wellfare. But if the company performs immoral actions, the employee must decide whether or not he will expose his firm, potentially losing his source of income. There may be times when a rival company presents an employee with a bribe and he must elect to take it or not. Being an employee comes with not only demanding responsibilities but problematic choices that will test oneââ¬â¢s morals. It is up to the employee to recognize the moral choices he has in front of him and ultimately how to deal with them. Work Cited
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